“Samsung Banned from Selling 4G Devices in Germany Over Patent Infringement”
In a significant legal setback for Samsung Electronics, the Munich Regional Court has ruled that the tech giant has infringed on a patent owned by Datang Mobile Communications Equipment. The patent in question, EP 2 237 607, pertains to cell handover procedures when a mobile phone enters a TDD radio cell, a crucial component of the LTE/4G standard. As a result of the ruling, Samsung is currently prohibited from selling 4G-capable mobile devices in Germany.
The decision, handed down in mid-April, was announced in a press release from EIP, the legal representative of Datang in the dispute. Samsung has yet to comment on the ruling. However, for the sales ban to take effect, Datang must enforce the judgment against a security deposit, a step the company has not yet taken. Samsung also has the option to appeal the judgment, a move that industry observers consider highly likely given the potential implications of the ruling.
The patent dispute between Samsung and Datang, a subsidiary of CICT Mobile, has been ongoing since 2022 when Datang sued Samsung for injunctive relief. Samsung responded by invoking a FRAND licence and filing a competition law counterclaim, in an attempt to compel Datang to submit a FRAND-compliant offer. Samsung also alleged that a license agreement between Datang and Apple was discriminatory. However, the court rejected both Samsung’s counterclaim and its FRAND defence, and ruled Samsung an unwilling licensee.
This case marks the largest patent dispute Samsung is currently facing in Germany. In total, Samsung is contending with four lawsuits from Datang, including three at the Munich Regional Court and one at the Hamburg Regional Court. In addition to the German proceedings, related proceedings in China are ongoing. In the US, Samsung is suing for a declaratory judgment of patent invalidity, plus breach of contract and breach of obligation to negotiate in good faith.
The dispute with Datang is the first patent case in Germany for the Chinese company, which is being represented by EIP. Samsung, on the other hand, is relying on its regular advisors Rospatt Osten Pross and Zimmermann & Partner. Samsung also commissioned law firm Glade Michel Wirtz, which specialises in antitrust law, for the competition law counterclaim.
The outcome of this case could have significant implications for Samsung, which is facing several patent infringement suits in Germany. The tech giant is also dealing with a number of non-practicing entity (NPE) lawsuits. However, the dispute with Datang is currently its largest, and the company’s response to the ruling will be closely watched by industry observers.
The final judgment in the validity case is still pending. However, the German Federal Patent Court has issued a positive preliminary opinion on the patent’s validity. The court’s decision in this case could set a precedent for future patent disputes in the tech industry, particularly those involving 4G and 5G technologies.